Deported Americans: Melissa in Mexico

I am very much like you. Or I was about seven years ago. I was raised in a conservative home, with American morals and  values, in a law enforcement environment.  I  never quite understood immigration or why in a few years, my family and I would be living in a third world country. I didn't need to. I am an American and born with all the rights I would ever need.

When I met my husband, I didn't notice anything different. He rocked out to the same style music, read the same books, had similar friends. But he was. Ten years earlier, he was young and stupid ... unaware that he didn't have the same rights that his born-right friends did and unaware of the consequences.  When he was 18, he had committed a crime and deported soon after. Five years later, he could reapply. Seven years later, he did. Again and again. Finally, he took his green card and went to the border, assuming they would deny him if his application had been denied. He went back to living his life. His American dream.

My husband was successful and ran his own business. It was hard to believe that he was an immigrant. He had a social security number, a drivers license,and paid his taxes. He seemed just as American as I.  He had explained his situation ... but I don't think I ever fully understood it. Appeal this ... appeal that. A whole bunch of lawyer crap. Since lawyers, I thought, only give you "their" version of the law, we'll go right to the source to fix our situation and make it right. The Department of Homeland Security.

We walked right into their office. An agent checked his file and pulled up his record. No worries, she said. Stay out of  trouble, and fill out a petition for a pardon. We paid the fees and filed them promptly. I checked up on the frequently, documenting every instance, for over a year. The forms were "lost" three times, and ended up in a different state twice. I hadn't heard a thing. August 15th, 2008, 6 INS agents barged into my husband's work and took him into custody. Within seconds, our lives were being stripped away.

The District Attorney decided to charge my husband for reentry, with a prison term of 6 years. We showed rehabilitation, community support, family, our home, taxes, support letters, a squeaky clean record, assimilation... everything that INS wants to see, but still, the D.A. tried to get 72 months in prison. The actions, lies, and deceit on behalf of INS was brought out in court. The judge stepped out of his box and away from the federal guidelines. He said that he was sorry and wished that more immigrants were like my husband. He sentenced my husband to 'time served,' a huge step away from the federal recommendations. But there was nothing else he could do. My husband was released from federal custody into the waiting arms of ICE. Despite our only request to take our case before an immigration judge, within two days, my husband was harassed, ridiculed, shackled and at 4 am, released into Tijuana.

It's been over a year since we've been in Mexico ... and I've finally come to terms with that. It's almost broke our marriage. I've been angry, upset, emotional, depressed, and frustrated, not only with myself and husband, but with our government and the situation. There is nothing that we can do to fix this. Once deported, it cannot be reopened. No matter what my husband is or what he can do is of no importance. His opportunities were cut short when he made an  irresponsible decision in his youth. And now, seventeen years later, it is affecting his children. What is available? Not much. Half of the ICE agents don't even fully understand their own policies. Immigration has been changed often and is contradictory. What are available options to one person, are reason for deportation for the next. I  believe that the government should allow judges the discretion to use their own judgment instead of herding everyone under the same deportation blanket. Some things should out weigh others. The crime, family, lifestyle, rehabilitation, etc., should all be considered prior to assuming that the correct solution is deportation. Many are hurt by one man's judgment.

It's now as if we've traded places. I'm now the immigrant, uncomfortable in a foreign country, unable to communicate as I would like, frustrated, knowing that I will always be viewed different or almost inferior because I am a foreigner. It's hard having your whole life and everything that you've spent your life building, taken away overnight.  Yes. It was my choice to follow my husband ... and I would do it again in a heartbeat. My kids are struggling with the language, culture and lack of family and familiarity and break down in tears. My husband reminds them constantly that they do have something that a lot of people don't:

They have the opportunity to see the world as it really is ... Just and Unjust ... all at once; doors opening and closing simultaneously, the things you were used to, gone in the blink of an eye, and the opportunity to paint a masterpiece the very next moment, and the importance of family ... something that I think we took for granted when everything was "perfect."

My kids and I were deported, and we did nothing wrong. We check the news daily to see what our new President will do for us, immigration, and the thousands of other families that are awaiting a verdict ... scared to take the next step.

Until that moment arrives, my family and I will build our lives again south of the border.

[See more at Melissa's blog, Refried Dreams.]